A commentary on rabbinic texts and toxicality

September 21, 2005

Circumcision can be a hazardous activity in two ways, according to recent daf yomi readings (Shabbat ch. 19). For one, Jewish observance and performance of the bris milah (= covenant through circumcision) may be persecuted by Gentiles. The Romans apparently sought to suppress bris milah, as indicated by our mishnah (bShab 130a)* and other rabbinic texts (e.g., the midrash Mechilta 20:6). Despite the persecution, rabbinic Judaism continued to require bris milah, sometimes at the price of martyrdom. The gemara deduces that circumcision is extraordinary for various reasons, such as the thirteen (1) covenants for which milah is done.

Of course, circumcision is hazardous in a second way -- as a physical, "medical" procedure. In my draft chart on risk in Jewish law, I see circumcision as a fascinating case because, depending on the circumstances, a bris may exemplify four different categories of risk:

(A) First, I label circumcision as a medium risk for newborns -- not the lowest probability of harm, and not necessarily fatal harm -- in the pre-Modern era. On 134a, the rabbis focus on bandaging, which if applied badly could disfigure the child's genitalia. Circumcision was a rather risky surgical procedure in antiquity and medieval times (cp. story of womana whose first 2 sons died, 134a Shabbat).

(B) Secondly, the Talmud also looks at elevated risk conditions for circumcision, as when an infant is too weak, too emaciated, or discolored. As a general principle. the mishnah states that a sick newborn is not circumcised until he becomes healthy. Specifically, the rabbis felt that the infant's color indicates a danger to their life (e.g., yellow = jaundice) may require postponement of the procedure (134a).

(C) Third, today, yellow skin tone is much less an indicator of actual danger to the baby. Instead, doctors can measure jaundice directly. Thus, today circumcision has become far less risky thanks to medical changes.** (Hence, here is where Jewish medical ethics adapts to a change in medical care. Contrast this situation with cases of where modern-era traditional rabbis feel that nature has changed.) DovBear tells an anecdote and poses a fine question: If a "yellowish" newborn is cleared by a doctor as ready for an immediate circumcision, should the Jewish father stay loyal to the medieval rabbinic authorities who cautiously require the postponement of the bris milah? Or, can our Jewish medical ethics (halakhah) waive the postponement, and thereby recognize and downshift to a lower risk based on modern medicine's ability to cure, prevent and remedy nearly any risks from circumcision for newborns?

(D) Fourth, the halakhah of circumcision also tackles an extremely low or implausible probability of harm. The Talmudic rabbis deal with the belief (or superstition) that an ominous wind may increase the risks to the infant (bYev 72b). Today, we are not inclined to credit a spooky wind as adding any marginal risk to the bris of an 8-day newborn. Indeed, I venture to say that many Rabbis themselves may not have considered the additional marginal risk as significant. After all, they judged it unnecessary to delay circumcision for any wind-related risk because "The Lord preserves fools" (shomer peta'im haShem) -- God protects us from dangers, at least dangers like inauspicious winds.

Although circumcision may illustrate rabbinic handling of these four different types of risk, I would emphasize that circumcision is unique and notillustrative. Almost no matter what the risk, throughout history Jews have felt commanded under Jewish law to take chances and perform the bris. In other words, circumcision is one of those actions that rabbinic law considers as highly unresponsive to the changes in risk conditions.

Sincerely,

Kaspit כספית

APPENDIX: Tractate Shabbat chapter 19 deals with much Talmudic medicine. For care of a circumcised baby, for instance, the Talmud discusses the use of cumin, salves, bandages, treatment of the wound, . In interpreting a mishnah, several rabbis insist that sabbath prohibitions may be overridden in order to bathe the baby's wound, as well as its entire body, because to refrain from a hot water bath is considered dangerous (saqanah) (134b). The Talmud also discusses androgynous babies (136b), babies with rare conditions ("suppressed" or absent foreskin) premature births and the danger facing premies (135a). The Talmud also contemplates whether, during its first 30 days of life, a newborn is deemed a safeqa, one of doubtful viability (136a), which leads into several aspects of fetal and newborn medical ethics. Feverish newborn (137a). Retakes w/a second circumcision procedure (137b).

* Rabbi Eliezer rules that, as an exception to the Shabbat laws, the Jew who will perform a bris, the mohel, may carry a concealed knife to the ceremony. R. Shimon b. Elazar categorizes the bris as a divine commandment for which "Israel sent themselves to death" (masru Yisroel atzman).

September 16, 2005

Katrina struck Gulf Coast counties with a heavy concentration of oil and chemical industry facilities. So, part of their legacy of hazardous waste has churned up, awash, and coming back to haunt us. Plus, toxic chemical storage that may have been spilled. (Other Katrina posts here.)

It's too early to estimate the environmental and toxic aspects of the hurricane's damage, but here is some news and links:

{9-16} Coast Guard reveals more on oil spills (HT EffectM). Indeed, the spills are now 2/3 the size of the Exxon Valdez, for which "a team of economists estimated the aggregate willingness to pay of U.S. households to prevent another oil spill of that size in Prince William Sound to have a lower bound of $2.8 billion and a mean of $7.19 billion. (HT Enviro Econ).

{9-8 update} EPA reports that it tested "priority pollutants such as volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs), total metals, pesticides, herbicides, and polychlorinated biphenyls (PCBs). ... Lead concentrations in water exceeded drinking water action levels. These levels are a concern if a child ingests large amounts of flood water. For the additional chemicals tested, we have yet to detect contaminant levels that would pose human health risks. ... EPA testing has focused on neighborhoods and not in heavily industrialized areas."

"Michael McDaniel, the Louisiana secretary of environmental quality, said it was "simply unfeasible" to attempt to filter the water before flowing it into the lake. The EPA granted the Army Corps of Engineers a waiver from treating floodwater before sending it into Lake Pontchartrain." Read interview. Any public input on this waiver?

{9-8 from Gristmill} "An article on CNN.com today quotes Louisiana Department of Environmental Quality Secretary Mike McDaniel: "Everywhere we look there's [an oil] spill ... there's almost a solid sheen over the area right now." The story also describes destroyed sewage plants, natural gas leaks, and oozing vehicles of all shapes and sizes. It is, as McDaniel says, 'almost unimaginable'."

{News 9-6} Reports on the toxic brew and e-coli situation by CNN (E.g., Rodney Mallett, communications director for the Louisiana Department of Environmental Quality, say there do not appear to be any choices other than to pump the water into Lake Pontchartrain or the Mississippi River, which flows into the Gulf of Mexico, a key maritime spawning ground. "I don't see how we could treat all that water," Mallett said.") Reuters (Bass and Murphy oil spills, 25 damaged sewage treatment plants)

Bit too tired to go thru all the toxic potential involved here, but in general, you've got some 250,00 batches of household chemicals mixed with leaking gasoline and kerosene from underground tanks, cleaning fluid from dry cleaners, chemicals from a variety of businesses, etc. Then you've got a myriad of tanks containing who knows what that would have floated off their footings, breaking their connections and spewing their contents. (9-2-05)

The finger-pointing has already begun. Nobody causes a hurricane. Of course, there's a history behind the limited preparedness of this heavily industrialized region. But who bears responsibility for the concentration of industrial toxicality in the poor counties of Louisiana and Mississippi? The responsibility is dispersed, like barrels of pollutants in a toxic stew.

{New}FEMA's fearsome and fascinating list of governmental "waivers and dispensations" from INS, DOT, DOE, HHS, Coast Guard, etc. Much laudable. But, for instance, it notes that, on 8/30, EPA issued an "enforcement discretion determination to the U.S. Army Corps of Engineers facilitating the pumping of [toxic] water out of flooded areas." Also, "the Pipeline and Hazardous Materials Safety Administration has issued emergency exemptions ... authorizing them to waive all hazardous materials transportation safety regulations (except those applicable to radioactive materials) on shipments to, from, and within the Hurricane Katrina disaster areas when necessary to support the recovery and relief efforts." How, if at all, is the FEMA allowing and handling public input and accountability on these reg waivers?!

I've placed the new newswire at the bottom of my sidebar, next to Google's searchlet. Let me know what you think. Are there any comparable newswires for Jewish law, environmentalism and social ethics?!

Israel's "Bottle recycling consortium to continue" reports Haaretz. Yesterday an antitrust court decided to allow a specially-authorized monopolistic consortium to continue collecting returned bottle because dismantling the consortium would harm public interests. Read the whole story, which also noted:

"The organization Adam Teva V'Din [Israel Union for Environmental Defense], which joined the judicial proceedings as a respondent, announced yesterday that the court had acknowledged the importance of the Deposit Law and its implementation. However, the organization added that the law needs to be amended to oblige beverage manufacturers and importers to collect bottles actively, and to cover 1.5 liter bottles." Having drafted Israel's bottle bill in 1999, IUED seeks to improve the program (eg automatic deposit machines).

The first bottle bill passed in Oregon in 1971, pioneering one of the most effective methods of material recycling and reuse. As in Israel, U.S. environmentalists have struggled against bottling companies and retailers to expand the scope of the law, e.g. to cover bottled water.

September 13, 2005

As New Orleans' toxic waters get pumped out, Jewish activists are among those advocating for the bioremediation treatment of flood waters. The flood waters are highly polluted by oil, toxic wastes, and biological hazards (e coli, etc). As an alternative to chlorine bleach or other chemical treatments, bioremediation involves the use of microorganisms to break up pollutants (USGS fact sheet).

As posted earlier, it is problematic that the toxic flood waters are being pumped into ecologically-sensitive waters without any treatment.

However, it is unclear that bioremediation of any sort would be effective in the New Orleans situation. [1]

Kaspit

[1] Alan Ismond, P.Eng. gave permission for me to cite his comment: "I have worked with microbial / enzyme / nutrient products for remediating wastewater. I agree ... that this is a complex field and not as simple as pouring a product down the drain to unclog a pipe. I do not believe that one single product can be a panacea that will address all of the issues in contaminated water. For example the contaminated water in the disaster area could contain widely diverse pollutants ranging from heavy metals to harmful bacteria to fuels and hydrocarbons. There may be specific organisms that can break down specific pollutants.... However, I do not know of one organism or mix of organisms that can do everything under the sun.

Another important concern is the dose rate of a remedial product and controlling the environment so that the product can work effectively. Sewage treatment plants are a controlled environment that are maintained for optimal performance. Acres and acres of wastewater in contact with an endless supply of pollutants and wastewater volumes of millions and millions of gallons is hardly a controlled environment. With the concentration and mix of pollutants and volume of wastewater to be treated being unknown or constantly changing, and no ability to control the environment that remediation products will be exposed to, I am skeptical of a quick fix. I would be thrilled if a vender could provide documented, controlled and reproducible test data and independent studies or case histories."

September 12, 2005

Israel's high-speed train line into Jerusalem will be built along a route that is opposed by environmentalists. Opponents include the Society for the Protection of Nature in Israel (SPNI), the Jewish National Fund (JNF) and local activists. Haaretz reports: "environmentalists claim that the most sensitive section is the bridge over the Yitlah Stream, whose construction and the concomitant extraction of dirt from the region will significantly damage the landscape."

Environmentalists apparently feel betrayed by the park authority, which had worked with them to demand changes to the railway construction plan. Haaretz reports:

The environmental groups criticized the Parks Authority's withdrawal from the struggle. "Having led this campaign, it has now changed its mind at the critical moment. We do not understand the reason for this decision," said a group spokesperson. "The decision by the Nature and Parks [Protection] Authority and its director general will cause tremendous damage to nature and the landscape in this area," said Avraham Shaked, the SPNI's regional coordinator for environmental matters in the Judean Hills, "and we will do everything to prevent this damage."

September 07, 2005

Ten days ago the hurricane struck. I see three broad areas of criticism about the hurricane Katrina disaster: I) Preparation, II) Response, and III) Political smoke and mirrors. Here I am leaving aside the painful social justice questions.

What needs to be done now? Besides investigating Dept of Homeland Security and FEMA (and local govt), here’s my stab at five short- and near-term steps:

Get an independent status report on prevention and planning for major environmental and natural disaster risks.

Public agencies are needed to handle large scale risks. We need agencies set up to be accountable, not corrupt, competent, not handcuffed.

I. Critique of emergency preparedness

A. Government, business and community leaders have a responsibility to protect cities from destruction. Mayors, local leaders, and state officials bear much responsibility. Nonetheless, owing largely to the 9/11 attacks, the Bush Administration consolidated emergency planning and preparedness under the Department of Homeland Security. Brad DeLong (Financial Times) on the Bush Administration.

B. Despite years of warnings about the danger of a category 5 hurricane, the levees were not adequately reinforced. (Despite infamous Bush photo-op.) If I recall correctly, federal monies were approved -- but the Administration scuttled it (and the city). Urban Economics on investing in levees (investments in natural disaster risk mitigation represent a type of 'redistribution' because the poor are most likely to face mortality risk from such shocks.").

C. Is it sustainable to build and safely maintain a city in NOLA’s situation? Don’t know. But it is irresponsible to leave so many, including so many poor, so vulnerable. Economic growth and greed are no excuse. “Levee improvements were deferred in recent years even after congressional approval, reportedly prompting EPA staffers to dub flooded New Orleans "Lake George."” The real costs of a culture of greed by Robert Scheer. Hat tip to Torat haLev.

E. In sum, Roger Pielke correctly names this a massive and unforgivable intelligence failure by DHS. How could this happen after 9/11? He concludes:

“Chertoff and Brown are the respective heads of … the federal agencies with lead responsibility for being prepared for and responding to disasters. … This commentary is not a cheap political shot at the Bush Administration. … there has been a significant policy failure on their watch. … Under this new [9/11] reorganization, DHS has comprehensively failed its first test. Congress needs to find out why, and fix it. We will have more disasters, that is for sure. The time to start asking hard questions is right now.”

II. Critique of crisis response to hurricane Katrina

A. The evacuation was inadequate, especially in the lack of options for the poor, sick and others without cars.

Last September, a Category 5 hurricane battered the small island of Cuba with 160-mile-per-hour winds. More than 1.5 million Cubans were evacuated to higher ground ahead of the storm. Although the hurricane destroyed 20,000 houses, no one died. From Truth out thanks to Machopicasso at Daily Kos

Prof. Susan Cutter (via NYT): "... New Orleans' mayor should have ordered a mandatory evacuation earlier on Thursday or Friday. She said it would take at least two to three days to fully evacuate New Orleans, a city surrounded by water with few exit routes. The city's hurricane plan said it might take 72 hours for residents to leave." (HT Env. Econ. on economics of evacuation)

B. Unforgivably poor arrangements for a safe haven shelter for those left behind and not evacuated.

"In early 2001, the Federal Emergency Management Agency issued a report stating that a hurricane striking New Orleans was one of the three most likely disasters in the US, including a terrorist attack on New York City." BBC report on FEMAthanks again to Machopicasso at Daily Kos

D. Despite such incompetence, FEMA is too easy a scapegoat. FEMA has been corrupted and cut down by the Bush Administration. (HT to Brad DeLong) Rather than collude with Bush-Republicans in undermining the governmental sector, it's crucial to demand that serious public servants get serious funding for risk prevention and emergency management. For this reason, I recommend that the political momentum now ought to be spent on remaking FEMA as an independent agency, not one filled by cronies and hacks. (Maybe DHS can be re-engineered, too?)

E. The pumping out of NOLA has begun. But without any public participation or even EPA input, apparently. EPA has been excluded from NOLA clean-up management?! With New Orleans a stagnant pool of toxins, bacteria and fuel, how can they stiff arm EPA? Reportedly, because EPA was critical about the 9/11 response… (Cp. Effect Measure here.) (AP story on EPA, CDC view.) Pause the pumps -- let the experts and public at least briefly evaluate this shifting around of pollutants -- quickly get in place portable treatment and/or filtering.

{9-8 update} "Michael McDaniel, the Louisiana secretary of environmental quality, said it was "simply unfeasible" to attempt to filter the water before flowing it into the lake. The EPA granted the Army Corps of Engineers a waiver from treating floodwater before sending it into Lake Pontchartrain." Read more.

Hence, EPA is now engaged... and granting a waiver. Any public input here?

F. Where was Bush? Cheney? (Condi Rice?) In a storm, the pilot should take the helm. A businessman’s viewpoint:

"As a retired VP of a multinational corporation, formerly involved in disaster recovery planning and preparedness, I can say with confidence that any responsible CEO with a factory in Katrina's path would have been burning up the communication lines not later than Sunday morning, when a Cat. 5 landfall was expected, to ensure that all measures were in place to protect employees, and would have had teams from other sites standing by to go in immediately after the storm with relief and recovery provisions. The fact that Chertoff had not activated all of his resources by noon Sunday says clearly that he is not qualified for his post and totally failed his responsibility. The fact that Pres. Bush had not checked what actions Chertoff was initiating before late Sunday at the latest, also calls his competence into question. Local authorities with experience, like in Florida, can be left to deal with a Cat 3 hurricane on their own. An expected Cat. 5 should have had federal gov't attention from the top as soon as it was expected, even without the added risk of New Orlean's levees. Waiting to see if the bullet would be dodged is totally unacceptable. Both Bush and Chertoff should resign.” Murray Duffin

G. Five cogent points on The public choice economics of crisis management (Tyler Cowen at Marginal Revolution) with link to scholarship, incl Israelis. It's not wise to privatize or stick to business as usual. The agencies that handle environmental and other major accidents need to be accountable from a technical, a democratic and an ethical standpoint. President Bush will not be impeached over Katrina. Nonetheless, since Bush takes too lightly and fumbles his duties to public service, perhaps those vital duties and authorities can be shifted to independent, competent and honest leaders.

III. Critique of the political cover-up and ploys of the Bush Administration.

"New Jersey's Office of the Attorney General has announced the state will abandon plans to establish controversial restrictions to its Open Public Records Act (OPRA). The restrictions, proposed in a state rule change, would have required requesters to prove a "need-to-know" before the state would release information about chemical hazards." From OMB Watch.

Kudos to Rick Engler, executive director of the New Jersey Work Environment Council and a labor union leader who has long struggled against NJ's chemical industries on right-to-know and other toxicality issues.